CAVANAGH, an attorney duly of New York, the State law before of the Courts admitted to practice herein affirms the truth of the following, upon information and belief, under penalties

As per ABIGAIL involved in an accident that Manhattan, New York, at 2023. and JUAN's attached affidavits, day and their 301 West 135th Street or near they were was never not in vehicle on May 18,

credible evidence supporting Respondents being does not establish that ABIGAIL's vehicle was involved or had active insurance on the date of incident.

Alternatively, if make its prima facie burden it to establish is believed that petitioner did the matter at in a stay a genuine triable issue it is hand, it of fact respectfully is has been presented submitted that by opposing party.

In AIU Ins. Co. v. Cabreia, supra, The Supreme Court, Appellate Division held: Respondent's] [Additional view of in "Since, the accident, of any involvement in denial submitted the GEICO letter reflected in conflict an obvious there is AIU itself, was properly vehicle the offending to whether posed which for is an issue identified, resolution not [citing arbitral, judicial, Allstate Co. Ins. [Jacobs], Matter 444 N.Y.S.2d 665).".

CONNIE GIBILARO, an attorney duly admitted to practice in the Courts of the State of New York, affirms the following statement under the penalties of perjury: 1.

I am an Associate with the law firm GARY KAUGET, P.C., attorneys for Respondent, MILDRED ANTOINE, in the above-entitled action, and as such, I am familiar with the facts and circumstances in this matter based upon the file maintained in your Affirmant’s office.

This Affirmation is submitted in opposition to Petitioner GOVERNMENT EMPLOYEES INSURANCE COMPANY’s Petition seeking the following relief: for an Order pursuant to CPLR 7503(c) granting a permanent stay of arbitration, or in the alternative, a temporary stay of arbitration pending a hearing on the issue of whether the offending vehicle was in fact, "uninsured", and joining ABIGAIL NIEVES AND STATE FARM MUTUAL AUTO CO to this proceeding, and directing the respondent to produce a copy of all relevant medical records and authorizations, and to submit to an examination under oath and physical examinations, if, after a hearing, it is determined that respondent is entitled to proceed to arbitration, and for such other and further relief as to this Court deems just and proper.

“Once such a prima facie case of coverage is established, the burden shifts to the opposing party to come forward with evidence to the contrary” (Matter of American Home Assur.

With respect to the items requested in the Petition, Respondent is ready, willing and able to comply with the conditions under the policy of insurance before compelling Petitioner to proceed to arbitration, including but not limited to the following: (1) providing authorizations (medical, treatment, hospital, surgical, diagnostics, primary care physician, collateral sources, employment, school, prior claims/injuries, subsequent claims/injuries; and (2) appearing for medical examinations.

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the parties to the above-entitled action, that petitioner’s petition to stay arbitration, returnable June 4, 2024, is hereby adjourned upon consent of all parties until July 2, 2024.

Mineola, New York May 29, 2024 Dated:

Attorneys for ABIGAIL NIEVES 100 Duffy Avenue, Suite 500 114 Old Country Road, Suite 500 Hicksville, NY 11801 Mineola, NY 11501

Attorneys for STATE FARM 330 Old Country Road

for MILDREDANTOINE Attorneys 8904 5th Avenue